Rabotai (My teachers), we’ll learn hilchot tzitzit (Laws of tzitzit), siman yud-chet (Section 18). Aruch HaShulchan (Set Table), “lailah lav zman tzitzit” (Night is not a time for tzitzit), most of the section: “keivan delailah lav zman tzitzit, ach bezeh yesh plugta derabvata” (since night is not a time for tzitzit, there is nevertheless a dispute among authorities about this). We know that lailah lav zman tzitzit. There is a machloket rishonim (dispute among early authorities) about this. According to the Rambam, it depends on the time and not on the kesut (garment). The Rambam learned that it is a din (law) about the time. At night, there is no mitzvah (commandment). According to the Rosh, it depends on the kesut and not the time. According to the Rosh, it has nothing to do with the time; it has to do with the type of garment.
That is, according to the Rambam, even a garment designated for daytime wear is patur (exempt) at night, and a garment designated for nighttime wear is chayav (obligated) during the day. According to the Rambam, even a garment designated for daily wear is exempt at night, and even a garment designated for nighttime wear is exempt at night, because lailah lav zman tzitzit means that the time is exempt. According to the Rosh, it is the opposite: “kesut hameyuchad layom chayevet afilu balailah, uchesut hameyuchedet lalailah peturah afilu bayom” (A day garment is obligated even at night, and a night garment is exempt even during the day). That is a very important halachah (Jewish law) according to the Rosh: a garment designated for daytime wear is obligated even at night, and a garment designated for nighttime wear is exempt even during the day.
Now, according to the Rambam, if we stopped here, would wearing a tallit katan (small prayer shawl) on Friday night be a problem? Would it be a problem? Correct. Get the machloket rishonim clear here, rabotai. We have a dispute between the Rambam and the Rosh. Everybody agrees with the Gemara, lailah lav zman tzitzit. What is the perush (meaning) of that statement, lailah lav zman tzitzit? The Rambam understands it simply: at night, that is to say, during nighttime, there is no mitzvah of tzitzit. Any garment, even one that you wear only at night—pajamas—is exempt. Even a garment that you wear during the day is exempt at night. Lailah lav zman tzitzit.
The Rosh says, “No, it has nothing to do with night. It has to do with the beged (garment). A garment designated for nighttime wear is exempt from tzitzit. However, a garment designated for daytime wear is obligated at night,” if you wear it at night. During the night, it is obligated if it is a garment designated for daytime wear. So what does lailah lav zman tzitzit mean? A garment designated for nighttime wear is exempt from tzitzit. That is how the Rosh understands it.
Let’s read that inside again. The first section says: “Keivan de’ipashata delailah lav zman tzitzit, ach bezeh yesh plugta derabvata. LehaRambam talui behazman velo behakesut, ulehaRosh talui behakesut velo behazman. Klomar, lehaRambam afilu kesut hameyuchad layom peturah balailah, uchesut hameyuchad lalailah chayevet bayom.” That is why, according to the Rambam, pajamas worn during the day are obligated, even though they are a garment designated for nighttime wear. It has nothing to do with the day or the garment; it has to do with the time. Whereas according to the Rosh, pajamas would be exempt during the day because the garment is a garment for nighttime wear.
“UlehaRosh havi lehefech, dechesut hameyuchad layom chayevet afilu balailah, uchesut hameyuchedet lalailah peturah afilu bayom.” Does everyone understand the chiluk (distinction) here? Yes: two nafka minot (practical differences).
“Veha dekarinan lah mitzvat aseh shehazman grama.” So what do you mean? According to the Rosh, why is it a mitzvat aseh shehazman grama (time-bound positive commandment)? You can fulfill the mitzvah of tzitzit day and night, since a garment designated for daytime wear is obligated at night according to the Rosh. So it is obligated during the day and at night. Why is it called a time-bound positive commandment? “Decheivan dehalailah goremet dechesut hameyuchad lah peturah, shapir havei mitzvat aseh shehazman grama.” Since night causes a garment designated for nighttime wear to be exempt, it is indeed a time-bound positive commandment. A garment designated for nighttime wear is exempt at night. Therefore, regarding a garment designated for nighttime wear, it is a time-bound positive commandment: the night caused that garment to be exempt.
Again, according to the Rosh, why are pajamas exempt from tzitzit? Not because it is night, but because they are pajamas, because the garment is designated for nighttime wear. So the reason this garment is exempt is that the night causes it to be exempt, since it is designated for nighttime wear. Therefore, it is a time-bound positive commandment. And a garment designated for daytime wear… Right, the time affects the garment. According to the Rosh, a garment designated for daytime wear is obligated at night. But according to the Rambam, it is exempt at night. Not only is it exempt at night, but according to the Rambam there is a different stringency: a garment designated for nighttime wear is obligated during the day, whereas according to the Rosh, a garment designated for nighttime wear is exempt even during the day. It comes out that pajamas are exempt at night according to everyone, but for two different reasons. The Rambam says pajamas are exempt at night because it is night. The Rosh says pajamas are exempt because they are a garment designated for nighttime wear. The dispute is about the daytime: the Rambam says pajamas are obligated during the day, and the Rosh says no, because they are a garment designated for nighttime wear.
A garment designated for both daytime and nighttime wear: let’s say it is a garment designated for daytime wear and people wear it day and night. It says in the Sifrei (Sifre), in Parashat Tzitzit (Tzitzit passage), that it is obligated in tzitzit. The same is explained in the Yerushalmi (Jerusalem Talmud). So a garment designated for both day and night is obligated.
Now, it appears from the opinions of the Rambam and the Rosh—and he brings a proof for his own position—that throughout the Talmud it says simply “kesut laylah.” The Gemara’s language always excludes a night garment. The Rosh brings a proof for himself: when the Gemara talks about night, it always talks about a night garment. It is not the time; it is the garment! So, apparently, that is a question against the Rambam, because the Rambam learns that it has nothing to do with the garment; it has to do with the time. What does the Rambam do with the words “kesut laylah”? The Rosh asks that against the Rambam.
“Venir’eh leda’ati dederech haRambam kehora’at Shas shelanu kefeirush haYerushalmi, kemo shekatavnu le’eil. Vehi hi defalgei beShas didan.” Our Gemara teaches differently. “Dehinneh tana Rabbi Shimon (Rabbi Simeon) darish ‘ur’item oto’ (And you shall see it)…”
Our Gemara says “ur’item oto.” What do they learn from those words? “Perat lechesut laylah” (Except for a night garment). “Va’asher techaseh bah” (And that with which you cover yourself) includes a kesut suma (blind person). “Venashim peturot” (And women are exempt). That is what Rabbi Shimon says. So again, according to Rabbi Shimon, a night garment is exempt; a blind person is obligated. I’m sorry: a night garment is exempt, and “techaseh bah” comes to include a garment of a blind person. Exactly: a blind person is obligated. We rule like Rabbi Shimon, as the haRif, Tosafot (Tosafists), and all the Rishonim (early authorities) wrote. Beautiful.
The Gemara challenges the rabbanan (the Sages) who argue with Rabbi Shimon: “Hai ‘asher techaseh bah’ mai avdei leih?” What do the rabbis do with the pasuk (verse) “asher techaseh bah”? Rashi explains: “Delema’et kesut suma lo itztarich, dehashta kesut laylah mechaiyevei, kol sheken kesut suma.” They do not need the verse to exclude a garment of a blind person, because if a night garment is obligated, all the more so a garment of a blind person is obligated. If the rabbis say a night garment is obligated, then even when nobody can see it, a garment of a blind person is certainly obligated, because somebody can see him. So what do they do with “asher techaseh bah”? “Kesut suma deyesh lo re’ayah etzel acherim,” and that is the end of his words. He answers that it is needed to include a ba'alat chamesh kenafot (a garment with five corners), which is obligated in tzitzit. What does Rabbi Shimon learn from it? “Me’asher…” There is nothing there.
He is bringing you the Gemara. Let’s learn the Gemara. Rabbi Shimon says, “ur’item oto,” “ur’item oto,” “perat lechesut laylah.” “Ur’item oto” comes to exclude a night garment, because you cannot see it. “Va’asher techaseh bah” comes to include the garment of a blind person. “Venashim peturot”—that is all Rabbi Shimon says. So, again, Rabbi Shimon says a night garment is exempt, and “techaseh bah” includes a garment of a blind person. The rabbis who argue with Rabbi Shimon are asked, “Hai ‘asher techaseh bah’ mai avdei leih?” What do they do with the verse “asher techaseh bah”?
Rashi explains that they do not need it to exclude a garment of a blind person. The rabbis say a night garment is obligated; they argue with Rabbi Shimon. If a night garment is obligated even though nobody can see it, all the more so a garment of a blind person is obligated, because somebody can see him. So what do they do with “asher techaseh bah”? They learn from it that a garment with five corners is obligated in tzitzit. Bottom line: we rule like Rabbi Shimon, who says that a night garment is exempt. That sounds like the Rosh: “kesut laylah” sounds like it refers to the garment. So the Rosh has a proof from that wording that it is not the time that causes the exemption; it is the garment.
Continue with the Yerushalmi. There it says: “Palgei Rabbi Shimon verabbanan. Vegarsinan, amar lahem Rabbi Shimon: vehalo atem modim li shehi mitzvat aseh shehazman geramah? Harei kesut laylah peturah min hatzitzit.” Exactly! Rabbi Shimon asked the rabbis, “Don’t you agree with me that tzitzit is a time-bound positive commandment?” According to you rabbis, who say that night is a time for tzitzit, it is not a time-bound positive commandment! But we know that it is one of the time-bound positive commandments. Rabbi Shimon asked the rabbis: How can you say that it is a time-bound positive commandment? According to you, it is obligated twenty-four hours a day!
“Amar Rebbi Ila, aliba derabbanan, ken, im hi miyuchedet leyom ulelailah chayavet betzitzit.” That means the rabbis were saying that only a garment designated for both day and night is obligated. If it was designated only for night, perhaps even the rabbis would say it is exempt. The Yerushalmi explicitly says that the rabbis also agree that a night garment is exempt from tzitzit. But they still consider tzitzit not to be a time-bound positive commandment. Why? Because a garment designated for both day and night is obligated. Since a garment is obligated in tzitzit during the day and at night, you see that it is possible to fulfill this mitzvah twenty-four hours a day.
“Ve’i salka da’atach…” Hold on. If the Gemara we have thinks that way, what does it mean when it asks the rabbis, “Hai ‘asher techaseh bah’ mai darish bah?” Why does it need an answer if they also think that a night garment is exempt? Obviously, we have a problem: according to the Yerushalmi, the rabbis say that a night garment is exempt, but the Bavli (Babylonian Talmud) implies that the rabbis hold that a night garment is obligated. That is why it asks what they do with the verse “asher techaseh bah.” It sounds like there is a dispute between the Yerushalmi and the Bavli.
Furthermore, throughout the Talmud it is clear that Rabbi Shimon’s opinion is that a night garment is exempt. So it appears that the Yerushalmi follows the Rosh, and our Gemara follows the Rambam. The intention of the Aruch HaShulchan is to say that this is dependent on the dispute between the Rosh and the Rambam. They want to understand the Aruch HaShulchan as saying that the Yerushalmi and the Bavli are arguing about that dispute: the Yerushalmi says that the rabbis agree that a night garment is exempt, like the Rosh, because it is about the garment; and the Bavli holds like the Rambam, that it is a law about the time.
I don’t know how he learns it, but let’s see. Throughout the Talmud, it is clear that Rabbi Shimon’s opinion is that a night garment is exempt. Normally, the opinion that a night garment is exempt is Rabbi Shimon’s. How, then, could the Yerushalmi say that the rabbis also agree with it? It cannot be. Rather, you are right: the Yerushalmi follows the Rosh, that a night garment is exempt, while our Gemara follows the Rambam. Let’s see if he brings a proof. “Vadai ken. Velo yiheyeh baShas kaRambam kelal, heich peresh zeh shebechol haShas omer kesut lailah?” Your question is that when the Gemara says “kesut laylah,” according to the Rambam it does not mean the garment; it means night. Simply, night is exempt from tzitzit. It means that a night garment does not need tzitzit. He explains it that way.
So he gets out of it. He says that when it says “kesut laylah patur,” it does not mean that the garment itself is what makes it exempt. It means that even if you have a garment designated for nighttime wear, according to the Rambam it is exempt because it is night. Even a garment designated for nighttime wear is exempt. That is what “kesut laylah” means: even a garment designated for nighttime wear is exempt, because lailah lav zman tzitzit. That is how the Rambam understands that Gemara.
“Uveshabat… Vezeh leshono: mihu derabbanan gazru vo mishum kesut lailah, shema yiheyeh lo kesut hamiyuchad leleilot…” What does it say here? The rabbis made a decree regarding a night garment, lest someone have a garment designated for nighttime wear. If you say that one is exempt from tzitzit at night, the rabbis were concerned that someone might have a garment designated for nighttime wear, which would be obligated according to the Rosh. This clearly shows that he reads it like the Rambam, because the exemption depends on the time. Even so, it calls it “kesut laylah.” That is to say, a garment designated for nighttime wear is generally worn at night, but the main factor is the time. That is how the Rambam understands it.
Get this one point. When the Gemara says “kesut laylah,” according to the Rambam, it means that even a garment that you wear at night is exempt because it does not depend on… Whereas the Rosh would say it is obligated according to the Rambam because it depends on the time. That is the main thing you need to understand here, rabotai. Leave aside the Aruch HaShulchan’s intricate discussion; that is confusing. The main thing to remember is the dispute between the Rambam and the Rosh.
I’m going to ask you a question and see how you answer. If somebody calls you on the phone—I don’t know halachah lema'aseh (practical halachah); I just know the Rambam and the Rosh—and says, “Chacham Avraham, I have pajamas, and I wear them only at night. I never wear them during the day. They have four corners—Chinese pajamas. Do I have to put tzitzit on them? Yes or no?” How are you going to answer? “It’s a dispute.” Answer like that; that is the right answer. Tell him, “It’s a dispute. According to the Rambam, exempt. According to the Rosh, obligated.”
Ask another question: “Chacham, I have a garment designated for nighttime wear—my pajamas. But I want you to know that I sometimes wear them during the day. I really only wear them at night, but he wasn’t feeling well, and now he woke up in the morning wearing the pajamas. He wants to know if he has to put tzitzit on them.” What is your answer? A dispute. According to the Rambam, the bottom line is no: it is daytime, so they are obligated. According to the Rosh, a night garment is exempt, even during the day. Again, David: according to the Rambam, you are exempt only at night. It has nothing to do with the garment. Now you are wearing the pajamas during the day, so they are obligated! Whereas the Rosh says that a night garment is exempt. That is the end of it. It depends on the garment, even if you wear it during the day. “No, because you wear it at night.” If it is pajamas, it is a nighttime item. The fact that you happen to wear it during the day once does not make it a daytime item. That is different from certain garments that can be used either way. That is how you have to understand the dispute between the Rambam and the Rosh.
Now we have to see what Maran holds. What does Maran hold? Does everybody have an Aruch HaShulchan there? It says: “Vezeh leshon Rabenu haBet Yosef (Master of the House of Joseph)… bese’if alef: lailah lav zman tzitzit.” Stop right there. How does it sound? Lailah lav zman tzitzit. Who is that? The Rambam! He did not say “kesut laylah”; he said “lailah.” It sounds like the Rambam. If you think about it carefully, the Rambam says that anything worn at night is exempt, even if it is designated for daytime wear. Anything worn during the day is obligated, even if it is designated for nighttime wear. That is right. According to the Rambam, it is all about the clock! It has nothing to do with the garment.
However, he brings the Rosh: a garment designated for nighttime wear is exempt, even if it is worn during the day. A garment designated for daytime wear, or for both day and night, is obligated, even if it is worn at night. So he brings both opinions. Maran is confusing: he brings the Rambam and the Rosh. He hedges! Continue: “Uleda’at haRosh mevarchin balaylah keshelovesh kesut yom.” That is right. According to the Rosh, this is amazing, rabotai. I’m not telling you the practical halachah. According to the Rosh—not halachah lema'aseh (practical halachah)—when do we wear a large tallit? During the day, so it is designated for daytime wear.
Now you go to a wedding at Shaare Zion, with a 9:00 chuppah (wedding canopy), and you give the chatan the tallit. According to the Rosh, you make a blessing, because it is a daytime garment and is obligated at night! When we tell the chatan, “Sunset—don’t make a blessing,” that is the Rambam. Do you understand? If the man comes along and says, “Listen, my great-great-grandfather was the Rosh, so I have a minhag (custom) like the Rosh,” tell him, “Come, make a blessing. What does it matter to you? I can’t go against your family.” There is an opinion that would tell you that in all these cases. On Kippur (Day of Atonement), they tell you, “Make sure you get there before sunset so you can make a blessing on the tallit.” Why? That is only according to the Rambam. According to the Rosh, get there in the middle of Lecha Eli. What do I care? It is a daytime garment, and you are obligated at night.
You have to know that. Most people would say there is no dispute about this: “Night! It’s night! We don’t…” Hey, slow down. It is a dispute. The Rosh and the Rambam disagree. These are practical cases for us: Kippur and a wedding. Only make shehecheyanu, okay, you’re right, only make shehecheyanu. But you have to know that that is the Rambam’s position. I don’t know what the Shulchan Aruch brought down. We are still on the Aruch HaShulchan here.
Continue. In section four: “Uleda’at haRosh mevarchin balaylah keshelovesh kesut, ve’af, asher da’at Rabbeinu Tam, dechad gisa de’ein mevarchin balailah…” One side says that perhaps even according to the Rosh, you can wear it at night, but you do not make a blessing. That is going to be a question. Also, if the tzitzit became invalid at night, you do not need to fix them until daylight. That is like the Rambam’s position.
Okay, that is it. If the tallit became invalid at night, you do not have to fix it until the morning, according to the Rambam. A man is wearing his tallit at night, and while he is sleeping one of the strings rips. Does he have to wake up at 2:00 in the morning and start fixing it? Wait until sunrise; don’t worry about it, because you are exempt. That is like the Rambam’s position. Therefore, according to this view, when kilayim is permitted in tzitzit, here is another stringency: according to Torah law, we are allowed to wear kilayim in tzitzit, because sha’atnez is mentioned next to tzitzit, and therefore they allowed you to wear sha’atnez in tzitzit. But according to the Rambam, you will not be allowed to wear it at night because there is no mitzvah.
So, according to the Rambam, they also want to be stringent like the Ben Ish Chai (Son of a Living Man). He wants to sleep with his tzitzit on. Habibi, you are wearing sha’atnez, and there is no mitzvah! Whereas according to the Rosh, wear it, because there is a mitzvah. That is a big practical difference. “Keshehuterah kil’ayim betzitzit, lo huterah balailah.” Even during the day, nevertheless—according to the Rosh, following the other answer, one makes a blessing at night… The Rosh holds that you make… Wait, let him finish. “Umechuyav letaknam im nitkalkelu, ucheshehuterah kil’ayim, huterah af balailah.” Even at night, absolutely!
“Vezeh shegazru al sadin betzitzit mishum kesut lailah, perusho al kesut hameyuchad lalailah, vehaRambam peireish shema yitateif bo balailah.” So we have a law here. A sadin, meaning a sheet, is subject to a decree concerning tzitzit. They made a decree that you do not put tzitzit on a sheet. Why not? He says that “vezeh shegazru al sadin betzitzit mishum kesut lailah” means that a sheet is designated for nighttime wear. If it is designated for nighttime wear, then even according to the Rosh it is exempt. According to the Rambam, it means that perhaps you will wrap yourself in it at night, and if the sheet has sha’atnez, you will violate the prohibition of sha’atnez. Those are different reasons for the decree concerning a sheet. Practically, I don’t know what the practical ruling is yet. I know that practically we do not make blessings on tzitzit at night.
The Rambam says, in chapter three, halachah seventeen: “Kesut shel pishtan…” What is a linen garment? You have a linen garment, and you are not allowed to put wool techelet on it. Techelet is wool. Techelet is definitely wool. Why not? I thought we said that the mitzvah of a tallit overrides sha’atnez. So we have a mitzvah! I have a linen garment that is obligated. The Rambam is talking about the day! During the day, why does the Rambam say that I cannot put wool on a linen garment? There are no laws of sha’atnez. He says it is a decree, lest you wear it at night: “shema yitkaseh bah balailah.” That is the Rambam’s decree: you might wear this sha’atnez garment at night, and if you wear it at night, there is a problem. According to the Rosh, it is not a problem, because you are obligated.
“She’ein az zman chiyuv tzitzit, ve’over al lo ta’aseh.” How did you get “lo ta’aseh”? Do you have “lo ta’aseh” in your book? It says it, yes. Mine has “lamed tav”; I thought you had figured it out. “Mutar le’adam lilbosh tzitzit balailah, bein bechol bein beShabbat.” Oh! Now we get to the next thing. Can a person wear tzitzit at night according to the Rambam? He is exempt. Can he wear it at night? Bal tosif? I don’t know. Shabbat—carrying? He says it is permitted, even though it is not the time for it, as long as he does not make a blessing.
So even according to the Rambam, I do not have to take off my tallit at night. Otherwise, we should make a halachah, rabotai: at sunset, rip it off! If I am wearing a linen shirt and a wool tallit—no, I don’t care about the laws of sha’atnez. I want to know, according to the Rambam, do I have to rip off my tallit at sunset? Lailah lav zman tzitzit. No, it means you are not obligated, but I am not committing a sin if I am wearing it. You cannot make a blessing. Exactly. Continue: “Delo teima dekeivan delav zman tzitzit asur.” Maybe you would say it is forbidden, because perhaps it is bal tosif. No, don’t be like that. For example, one does not wear tefillin at night, because that could already be bal tosif. But with tzitzit, there is no obligation, and you are not committing a sin. What sin am I committing? Tell me what sin I am committing. I am wearing a garment with tassels. So the tassels are nothing? Fine, they are decorative tassels. I am wearing a costume. What is the difference? No, perhaps tefillin are different; they are just a mitzvah. This is a garment. What sin am I committing? I am wearing a shirt, a garment. The shirt has some tassels on it. Good luck to them.
Continue: “Vechol sheken beShabbat balaylah latzet birshut harabbim.” All the more so on Shabbat at night, one may go out into the public domain with them. You already said that the tzitzit themselves have significance, that they are their own entity. All the more so on Shabbat at night, I can wear them Friday night. Why? “Latzet bahem birshut harabbim, de’ein holchin, dezehu noi labeged.” They are an adornment for the garment. Since the garment is obligated in tzitzit during the day, the tassels become an ornament to the garment. Therefore, according to the Rambam, you can wear tzitzit at night on Shabbat, even without an eruv.
Rabotai, the Rosh rules that a garment designated for nighttime wear is still forbidden to put tzitzit on, because that would be bal tosif. According to the Rosh, the garment is exempt. The Rambam only says that night is not the time for tzitzit: you are not obligated in the mitzvah of tzitzit. But the Rosh says the garment itself is exempt. If you take a garment that is exempt and put tzitzit on it, that is bal tosif. What are you doing? You are exempt. So according to the Rosh, you are not allowed to put tzitzit on that garment. All the more so, it is forbidden to go out with them on Shabbat into the public domain. Unbelievable.
According to the Rosh, a man has pajamas. Are pajamas obligated in tzitzit according to the Rosh? No; they are a nighttime garment. Now the man is a little stringent, and he put strings on the pajamas. First, according to the Rosh, he committed a sin of bal tosif. Then, on Shabbat, he went outside with them, committing another sin, because he is carrying them. This is what we learned in the Mishnah: “velo am ha’aretz chasid” (an unlearned person is not pious). The man wants to be pious, but by being pious he committed two Torah prohibitions.
Nevertheless, even according to the Rambam, it is permitted only with tzitzit that are not made of kilayim. But tzitzit made of kilayim are forbidden at night, and certainly on Shabbat. The Rambam will not let you wear sha’atnez at night, because you are exempt. He will let you wear a regular garment, but not sha’atnez. You are exempt from the mitzvah, so how can you wear sha’atnez?
Chaim, you’re up next. From this you understand the Rambam’s view: kilayim in tzitzit is permitted only during the day, and at night it is forbidden. That means that according to the Rambam, the Torah permitted kilayim only during the day. If I am wearing tzitzit made of kilayim, according to the Rambam, when sunset comes, take it off! Take it off, because at night there is no mitzvah of tzitzit.
How could it be? How could we say that the Torah gave us such a rule? “Halo lo nitnah Torah lemalachei hasharet” (the Torah was not given to ministering angels). Wow. The Torah was not given to angels. Rabotai, do you think everybody had a watch in those days? Everybody had atomic clocks? Everybody had Googles, ya'ani, gilgulim? How did they know what time it was? So you are going to tell me that a man is walking in the public domain, sunset is at 6:04, and at 6:05 he missed it! He did not look at the sundial. Is he going to be in violation? That is too difficult. How could the Torah give you a law saying you must wear tzitzit during the day, even if it is sha’atnez, but make sure you take it off at sunset?
“Well, tefillin is the same thing, no? At that moment you can’t wear it?” Let’s see what he says. “Umetam zeh, umetom zeh ameru beMenachot, velachen hakohanim mutarim lelech bevigdei kehunah gam le’achar ha’avodah.” Strong and well done! The kohanim work in the Beit HaMikdash (Holy Temple), and they wear sha’atnez, don’t they? They wear kilayim because the service overrides sha’atnez. Now they finish the sacrifice. Does the kohen have to strip in the middle of the Beit HaMikdash? No. We tell him, “Go home, go to the locker room, take it off.” We are not so strict that he has to strip off the sha’atnez the moment the service is finished, because the Torah was not given to ministering angels. The Torah is for human beings. You cannot tell the kohen to strip immediately. They give him a few minutes after the service to take it off. Exactly. Does he have to strip right then? Walk home like Adam HaRishon?
“Ve’atah shebeshvil zeh hitiru lo lelech le’achar avodah.” They permitted him to go after the service. And, by the way, who is more strict? The kohanim. The Gemara says kohanim are zealous. Still, we tell them to leave the sha’atnez on until they get home. All the more so for an ordinary Jewish man. Are you going to tell him that the moment sunset comes, he has to take it off? That is too difficult. “Im kol zeh, it is impossible for them to observe these requirements, to take it off immediately; all the more so for Israelites who wear it during twilight, since that is a Torah-level doubt.” So every day, if a man has his tallit on bein hashemashot (twilight), it is a Torah-level doubt.
The Aruch HaShulchan cannot accept that the Torah would give you such a difficult path. “Deracheha darchei no’am” (its ways are ways of pleasantness)—that would be too difficult. So he says, “Velachen dikdek haRambam lomar shema yitkaseh bah balailah, velo amar shema yelech bah balailah.” What a beautiful inference! The Rambam said the reason is “shema yitkaseh bah balailah,” that perhaps he will put it on at night. He did not say that perhaps you will go into the night wearing it. Why did he have to say “shema yitkaseh”? Just say simply that perhaps you will wear it into the night. Because even the Rambam was not stringent about that. If you are wearing it during the day and go into the night, the Torah was not given to ministering angels. Fine, they give you a little leeway. But if we let you wear it during the day, you might put it on at night from the outset. That is what the Rambam means. What a beautiful inference from the Rambam!
Chaim, go back and read the inference again. “Velachen dikdek haRambam lomar shema yitkaseh bah…” There we go! “Velo amar shema yelech bah balailah; vadai ein issur keshe’eino mafshito balailah, mipnei hata’am she’amarnu, lo nitnah Torah lemalachei hasharet.” For sure, there is no prohibition if you did not take it off at sunset, for the reason we said: the Torah was not given to ministering angels. “Ela yitkaseh bah balailah,” meaning that after he takes it off, he puts it back on again. That is certainly a violation. It comes out that, according to the Rambam too, if he is wearing tzitzit made of kilayim during the day, he is permitted to go into the night wearing them; but when he takes them off… Wow! What a beautiful Aruch HaShulchan. It is a big novelty. Do you realize what he is saying? According to the Rambam, you would be allowed to continue wearing it until you get home. Once you take it off, do not put it back on again.
That is a big novelty. I don’t know if anybody agrees with it, but he has a good inference from the Rambam’s wording. You see how precise the Rishonim were with every word they said. The Rambam could have said simply, “Do not wear a linen garment with sha’atnez, lest you not take it off at night.” No: that is not what we are concerned about, because the Torah was not given to ministering angels.
Continue, Chaim or Moshe. “Ulefi zeh, nir’eh lanu lachush leshnei hashitot, kemo shekatav Rabenu haRambam.” Look at that: “kemo shekatav Rabenu haRambam.” Now the Aruch HaShulchan is going to tell you that we have to be stringent according to both opinions, so we have to hedge. We have to take the stringency of the Rambam and the stringency of the Rosh. How will that work here? It says: “Besafek berachot lehakeil (In doubt, be lenient on blessings) al ken ein levarech alav ela k’sherotzeh lelovsho bayom beged meyuchad leyom.” Wow. That means the only time you make a blessing on a tallit is when it is a daytime garment designated for daytime wear. A daytime garment designated for daytime wear: according to everyone, you can make a blessing. According to the Rambam, because it is daytime; according to the Rosh, because it is designated for daytime wear. So in that case, according to everyone, there is no problem making a blessing.
Continue: “Ve’le’achar tefilat Arvit (Evening prayer), af al pi she’adayin yom hu, ein levarech alav.” After you have prayed Arvit (Evening prayer), even though it is still daytime, do not make a blessing on it. Once you have prayed Arvit, you consider it night. According to the Rambam, you cannot make a blessing. According to the Rosh, you could, because it is a daytime garment and you can make a blessing at night, but you have to be stringent. Therefore, according to the Rambam, once you have prayed Arvit, it is considered night, and you cannot make a blessing at that moment.
“Uveleil Yom HaKipurim, yitatef mibe’od yom veyivarech alav.” That is the end of his words. It is because on Yom Kippur we are like angels. That is why we wear a tallit: we are like angels, and we wear white like the angels. There is also no reciting the yud-gimmel midot (Thirteen Attributes) without wrapping oneself in a tallit. Wow, another reason why we wear a tallit on the night of Kippur: you are not allowed to say the yud-gimmel midot without a tallit. Really? A novelty. Why? Halachah? The esoteric reason? Continue.
“Mishum deveRosh HaShanah ita, kivyachol nitatef HaKadosh Baruch Hu (The Holy One, blessed be He) kesheliah tzibur (prayer leader) besha’ah she’amar leMoshe Rabbeinu (Moses our teacher) yud-gimmel midot.” It says that when Moshe Rabbeinu said the Thirteen Attributes, HaKadosh Baruch Hu, so to speak, wrapped Himself in a tallit. So when you say the Thirteen Attributes, you have to… That is another reason you have to have a tallit on the night of Kippur, in honor of the Thirteen Attributes.
“Umizeh lamadnu.” Continue. “Dechol sheliah tzibur ha’over lifnei hatevah tzarich lehit’atef betzitzit.” That is why the Ashkenazim put on a tallit—from Minchah (Afternoon prayer). That is why the prayer leader puts on a tallit. The Gemara says HaKadosh Baruch Hu wrapped Himself in a tallit like a prayer leader. So the Ashkenazim say, “You see, a prayer leader must wear a tallit.” It is explicit in the Gemara.
“Veyeish mi shechosheish shegam ha’omer kaddish yatom (Mourner’s Kaddish) yitatef mipnei kev od tzibur (dignity of the congregation).” Some people are concerned that the person saying Kaddish should also wear a tallit, for the dignity of the congregation. They did not adopt that practice. “Vehachacham hadoresh vadai tzarich lehit’atef.” The scholar giving a sermon certainly has to wear a tallit, for the dignity of the congregation. What kind of issue is this? This dignity of the congregation!
There is your question, Selmo. Remember you asked me the other day? The sandak (circumcision sponsor) and the mohel are fit to wrap themselves in tzitzit for the honor of Eliyahu HaNavi (Elijah the Prophet). Eliyahu HaNavi is coming! In honor of the covenant, you put on a tallit in honor of Eliyahu HaNavi. You asked me about the sandak, and about the scholar, tallit or no tallit. Of course, put on a tallit. That is in the Shulchan Aruch (Set Table) as written; it is an interpretation.
Here we see Maran. Open the Shulchan Aruch, section one, yud-chet, alef. Avi, help us. Read it properly, with respect. “Lailah lav zman tzitzit hu.” That is it: the Rambam. That is how he ruled, like the Rambam. Read it properly, not like a runaway train. “Lailah lav zman tzitzit hu, de’itma’eit mi‘ur’item oto.’” It is excluded from the verse “ur’item oto.” At night, you cannot see. According to the Rambam, anything worn at night is exempt, even if it is designated for daytime wear. Anything worn during the day is obligated, even if it is designated for nighttime wear. Period.
“VelaRosh, kesut hameyuchedet lalailah, patur afilu lovsho bayom.” According to the Rosh, a garment designated for nighttime wear is exempt even if you wear it during the day. “Uchesut hameyuchedet layom o layom velalailah, chayav afilu lovsho balailah.” A garment designated for daytime wear, or for both daytime and nighttime, is obligated even if you wear it at night. So basically, Maran confused me. He brings two opinions, the Rambam and the Rosh. So you have to be concerned for both. Oh, he did not say that. I don’t know what he told me to do here. We have to hear what Rabbi Yalkut Yosef says about this. Read the introduction, rabotai. Open the introduction, page 230—229. Mark, you are the introduction guy.
“Regarding the mitzvah of tzitzit, the Torah states, ‘ur’item oto,’ ‘You shall see it.’ Our sages derived from this expression the halachah that a garment made to be worn only during the night hours is exempt from the mitzvah of tzitzit. The Rishonim debated the meaning of this passage as follows. Rambam: The Rambam held that the mitzvah of tzitzit applies only during the day, when it is possible to see the tzitzit. In the darkness of night, people cannot see the garments they are wearing or the tzitzit attached to their garments. Therefore, if someone wears a four-cornered garment during the day, he must have tzitzit attached to it. But if he wears it at night, the tzitzit are unnecessary.”
It does not matter whether the garment is meant to be worn during the day or during the night. During the day, all four-cornered garments need tzitzit; during the night, they are exempt from the mitzvah. So the Rambam is very easy: during the day, everything is obligated; at night, everything is exempt. Very simple.
“HaRosh: Rabbeinu Asher interpreted the Talmud’s teaching as follows. If someone wishes to wear a garment meant to be worn during the day, he must have tzitzit attached to it, whether he wears it during the day or during the night.” Right, because it is a daytime garment. “If it is a garment meant to be worn only during the night, it is exempt from the mitzvah even if he wears it during the day.”
Summary of both: The Rambam and Rabbeinu Asher agree that if someone wears nightclothes during the night, he is exempt from the mitzvah of tzitzit. That is right: nightclothes at night, both of them say exempt. But if someone wears nightclothes during the day, the Rambam rules that he must have tzitzit attached, while the Rosh rules that he is exempt. If someone wears a daytime garment during the night, the Rambam rules that he is exempt, whereas the Rosh rules that he is obligated.
“In practice, Maran and the Beit Yosef follow the ruling of the Rambam, since he is a greater authority on Jewish law, especially in this case, since Rashi concurred with the Rambam’s interpretation. Furthermore, the principle of safek berachot lehakeil dictates that we must not recite a blessing for tzitzit during the night, even for a daytime garment. The Rema agreed that the principle of safek berachot lehakeil must be followed, but he disagreed with the notion that the Rambam is a greater authority than Rabbeinu Asher.”
So you have the politics here. The Beit Yosef said the Rambam is a greater authority than the Rosh, and the Rema said, “I don’t know if that is true.” The Rosh was a foremost Talmudic authority, and many leading Rishonim concurred with his interpretation. Furthermore, the Rosh lived after Rashi and the Rambam, giving his ruling more strength, since he was aware of their opinions. You see that they hold that because he lived later, he is greater: he knew their opinions and still ruled as he did. He is the later authority, exactly.
“In conclusion, one must not recite a blessing over nightclothes with tzitzit attached, even when wearing them during the day, even though the Rambam ruled that a blessing is necessary.” Right. According to this, the Rambam would tell you that if you wore your pajamas during the day, you have to make a blessing. But the Rema says not to make a blessing, because according to the Rosh you are exempt.
Continue. In the Shulchan Aruch, look here; this is where we need the subject. “In the Shulchan Aruch, Maran cited both opinions without making a definite ruling. Nevertheless, it appears that he supports the Rosh, only since he cites…” Wow, look at that! The rule says that when Maran brings two opinions, he follows the second opinion, the later one. That is why it says “yesh omrim.” But here there is no “yesh omrim,” so that is not what you are talking about. In the Beit Yosef he said, “Rambam, Rambam, Rambam,” but in the Shulchan Aruch he gave both opinions, put the Rosh second, and here he is telling you that the second opinion comes later. But he wrote them equally! He did not write “yesh, yesh.”
“On the other hand, since he cited both opinions by name, there is reason to say he supports the Rambam’s ruling, and that for this reason he cited it first.” Now we have rules, rabotai. When it says “yesh veyesh,” the halachah follows the second opinion. Here it is not “yesh veyesh.” Here it says, “The Rambam says; the Rosh says.” The argument is that since he named them, he must be following the Rambam, whom he wrote first. There is controversy over what Maran did here, and over how to understand his ruling. It is not a classic “yesh veyesh.” “Whereas he cited Rabbeinu Asher’s opinion out of deference to his honor.”
“Most likely, Maran did not decide between the two opinions, and we must follow the stringencies of both.” Wow. Then he concludes: Why did he quote the Rosh? It must be that Maran himself was uncertain, so he brought both opinions and is telling you to be stringent according to both. The Ben Ish Chai assumed likewise that Maran gave no definite ruling. The Kaf HaChaim, however, challenges this, since Maran definitely ruled according to the Rambam in the Beit Yosef. So the Kaf HaChaim says Maran follows the Rambam, while the Ben Ish Chai says Maran was uncertain. There is a dispute over how to understand Maran here!
Rabbi Yosef Chaim, however, was fully aware of this, as he explained in the Mekabtziel: Maran apparently changed his mind when he wrote the Shulchan Aruch and backed down from ruling definitively according to the Rambam. That means that in the Beit Yosef he said the Rambam, but when he came to the Shulchan Aruch, he changed his mind. The Shulchan Aruch was written after the Beit Yosef. So you always have to know the Beit Yosef, but it is not necessarily the final ruling, because he may have changed his mind. The Ben Ish Chai was saying that if you read only the Beit Yosef, you would say, “It is the Rambam.” But once you open the Shulchan Aruch and see that he included the Rosh, perhaps Maran changed his mind.
So what do we do here? In practice, we follow the stringency of both opinions. Whether wearing a daytime garment during the night or wearing a nighttime garment during the day, we must be stringent and have tzitzit attached. We do not recite a blessing in either case. So regarding blessings, we do not make one. If I wear pajamas during the day, I put tzitzit on them because the Rambam says I have to, but without a blessing, because according to the Rosh it is forbidden to make a blessing. And if I have a daytime garment that I am wearing at night, I put tzitzit on it because according to the Rosh, a daytime garment is obligated. The bottom line is that we avoid the doubt about the blessing, but put strings on them nonetheless.
Now let’s read the halachot. “Ha-lovesh beged ha-meyu’ad li-levishah ba-lailah, kegon pijama, ve-gam lovsho ba-lailah”—that is what we are talking about: pajamas. It is a nighttime garment, and I am wearing it at night. According to everybody, it is exempt from tzitzit. “Ve-im lavash beged ha-meyu’ad li-levishah ba-lailah bi-she’at ha-yom”—but if I wore it during the day, the Rishonim disagree about whether it is obligated in tzitzit. The Rambam says it is obligated; the Rosh says it is exempt. For practical halachah, one should be stringent and put tzitzit on it, but not make a blessing.
The same applies to someone wearing a garment designated for daytime wear during the night. The Rishonim disagree about whether it is obligated in tzitzit. For practical halachah, one should be stringent and put tzitzit on it, but not make a blessing. It comes out that you make a blessing on tzitzit only if you wear it during the day and it is also a garment designated for daytime wear. You need two things to make a blessing: it must be daytime, and the garment must be designated for daytime wear. But a garment designated for both daytime and nighttime wear can have a blessing recited over it when you wear it during the day.
As mentioned, one who wears tzitzit at night does not make a blessing. According to the mekubalim (Kabbalists), one should not wear a large tallit at night at all. Now this is a big issue. Forget about the blessing; at night you are not supposed to wear it at all. The question is about wearing a large tallit at night.
Look at the second paragraph. Rav Chida cited a responsum of the Kabbalist Rav Yosef Gikatilla, ruling that it is absolutely forbidden to wear a large tallit at night. Rav Chida added that although it is known that the author of Shir Echad sometimes remained with his tallit and tefillin after sunset, and even continued to recite Arvit wearing them, we must make sure to take them off immediately after sunset. He was very stringent about this, rabotai.
Many times on Tish’ah Be-Av, if you see me take my tallit off right away, before the congregation, people think I am taking it off quickly because I know sunset is coming. On Tish’ah Be-Av, let’s say we pray Minchah and sunset is right there; if it is already sunset, you have to take the tallit off right away. On the night of Kippur—Motza’ei Kippur, I mean—some people start Arvit. Arvit on Motza’ei Kippur: why are you wearing that? You want to be stringent because you are still an angel? Slow down. It is already Motza’ei Kippur. Take off your tallit, because according to the Kabbalists you are not supposed to wear a tallit at night; you have to take it off.
Agreeing with this, Rav Chayim Vital testified that the Ari zal took the greatest care to avoid wearing a tallit and tefillin after sunset. That is the end of it. The Kaf HaChaim Sofer added that the Chida ruled that if someone is about to recite Minchah and realizes the sun will set while he recites the Amidah, he should not wear his tallit and tefillin while praying.
Why do we put a tallit over the chuppah at a wedding? A large tallit at a wedding? And why is tzitzit any different? “Shechinah,” Zayde. There you are not wearing it as a mitzvah; there I am wearing it as a chuppah. I am not wearing it as a tallit. I do not have the intention of fulfilling the mitzvah. Lailah lav zman tzitzit. You can say the Shechinah as well. I’ll take a suit and put it over the man’s head—why would you take a tallit? Take a tablecloth; take a sheet. Leave it as an item over there. Did the Ari zal not wear tzitzit either? A large tallit, only a large tallit. Why? Because it is a large wrap, an enveloping garment. According to the Chassidim who wear their tzitzit outside, following Maran… It could be; in that case, they may have to do something.
Continue: “Ha-mitpalel Arvit mi-be’od yom, af she-hu adayin kodem shekiah, eino rashai az levarech al ha-tallit.” Rabotai, this question came up at a wedding. We went to a wedding in West Deal, from the prestigious Sakkal family. Two questions came up. It was a daytime wedding, meaning it was before sunset. We prayed Minchah, and then they wanted to pray Arvit. I said, “Slow down. We cannot pray Arvit.” “You cannot write the ketubah? Why?” Because how could I write the ketubah during the day if the chatan has already prayed Arvit and made it night? It is contradictory. I said, “We’ll pray Minchah, write the ketubah, have the wedding, and pray Arvit after the wedding.” We cannot pray Arvit now, because you are going to contradict yourself.
But now I am learning something else. If the chatan had prayed Arvit, he could not say the blessing “lehit’atef betzitzit” (to wrap oneself in tzitzit), because that would be contradictory. Even though it is 7:00 and sunset is not until 8:30, he has already prayed Arvit. So the chatan is going to say “lehit’atef”? How can he get up and do that? He already prayed Arvit; it is night. Therefore, you have to know that a chatan should not pray Arvit if he has a daytime wedding, because he cannot say the blessing for wrapping himself in tzitzit. Read it again: even though it is still daytime and before sunset, he is not permitted to make the blessing. Arvit. That is the end of it.
Continue, Benol. On the night of Kippur, people are accustomed to wrap themselves in tzitzit while it is still day, so they can pray with concentration and stand in awe and reverence. Before wrapping themselves, they recite the blessing, “asher kideshanu bemitzvotav vetzivanu lehit’atef betzitzit.” Here is the big novelty: “Ve’im higia zeman tzet hakochavim ein lo levarech al hatalit; aval im hit’akev milehit’atef betzitzit ad shehigia zeman bein hashemashot, shehu yod-gimel dakot vachetzi, hamvarech yesh lo al mi.” Wow, he has just given you a big novelty, rabotai! He is telling you that on the night of Kippur, if a man gets to shul late, Chacham Ovadia says he can make the blessing for wrapping himself in tzitzit during the 13 and 1/2 minutes after sunset.
I am not even looking at the reason yet, but I can tell you why you can make a blessing during twilight. We have a safek sefeika (double doubt). Perhaps twilight is day; if it is day, you are fine. And even if you say it is night, according to the Rosh you can make the blessing at night because it is a daytime tallit. So perhaps you have a double doubt. I have not seen it, but maybe that is what he is going to discuss here. It is a big novelty, by the way.
Look at what it says about the Arvit prayer at the end of Kippur. Keshirat Kanfot HaGeulah wrote that since we wear a tallit on Yom Kippur to emulate the angels, it makes sense to continue wearing it for Arvit after Kippur. The Mishnah Berurah agreed with this ruling, that one should not take off his tallit after Arvit. Why? You know, you are still an angel until you eat, until you have the first sachlab. After the sachlab, you go back to being a regular human being.
The Kaf HaChaim Sofer (Palm of Life), however, testified that the custom in Yeshivat Beit El was not to wear the tallit during Arvit after Yom Kippur, based on Kabbalistic teachings: the night after Yom Kippur is no different from all other nights. The Halachah Berurah likewise ruled that one should not wear it during Arvit after Yom Kippur. People who do not always follow the strictness of the Kabbalah may rely on the authorities who permitted it.
Furthermore, most people do not bring their hats to the synagogue on Yom Kippur. Since they pray wearing the tallit, those who practice the commendable custom of wearing a hat do not have their hat in shul and cover their heads with the tallit. Then they should wear it during Arvit. Who is that? I don’t have a hat. Some people like to pray with a hat on. So if you do not have your hat, you can still wear it.
Rabbi Akiva Eiger added another argument in favor of wearing the tallit during Arvit. According to the Zohar, if someone recites the Shema without wearing tzitzit, he is guilty of bearing false witness. Since many people do not wear tallit katan under their shirts, they must wear the large tallit to avoid… Those who wish to—
They made a picture. But what do I say, rabotai? If we follow the Kabbalah—may His name be praised—look at page 235. “Baruch shekivanti” (Blessed is He who guided me). Read page 235. Who will read it? Elliot, you’re up. Why is Chacham Ovadia allowing you to make a blessing during twilight, the 13 and 1/2 minutes? Why is he allowed to? Maran? “Maran kibalnu hora’otav, Rosh Yeshivah.” No, no. Page 235. Where are you? The English, page 235. No problem, we’ll manage.
“Rav Shimon Ben Tzion ruled that if someone wishes to put on his tallit on the evening of Yom Kippur, just after sunset during bein hashemashot, there is a halachic basis to justify reciting the blessing. This is because there is a safek sefeika to say that he is obligated to recite it. One doubt is that the halachah might follow the opinion of Rabbeinu Asher, that we are obligated to have tzitzit attached to a daytime garment, like a tallit, even if he is wearing it at night. Even if the halachah follows the opinion of the Rambam, that all garments are exempt during the night, perhaps bein hashemashot is day. Bein hashemashot might really be daytime.”
May His name be praised! I told you about the double doubt. “Furthermore, whether the halachah follows the opinion of Rebbi Yose (Rabbi Yose), that the entire period of bein hashemashot is definitely day until just moments before tzeit hakochavim (appearance of the stars). Normally we refrain from reciting a blessing if there is a possibility that it is not warranted, or even if there is a double doubt that it is warranted. Nevertheless, if someone insists on reciting the blessing, he is on secure ground.”
See, rabotai, normally we do not play this game. We say safek berachot lehakeil, even if you have a double doubt. What is the rule of safek berachot lehakeil? If there is a doubt about whether to make a blessing, do not make it. There is a rabbi called Rebbi David Pardo. He wrote a sefer called Michtam LeDavid (A Poem for David). He asks the following question: Why do we need a rule that says to be lenient about blessings when in doubt? Aren’t all blessings rabbinic, except Birkat Hamazon? All blessings are rabbinic, so we already have the rule safek derabbanan lekula (A rabbinic doubt is treated leniently). Why did they have to invent a new rule when we already have that rule? That is Rebbi David Pardo’s question.
He comes along and says that the novelty of a rabbinic doubt being treated leniently applies when you have one doubt. But suppose you have two doubts in favor of doing something rabbinic: you have to be stringent in a double doubt. However, for blessings, safek berachot lehakeil applies even if you have a double doubt. That is why he is saying this here. It is a big novelty, because he is going against the rule. Normally, we do not make a blessing even when there is a double doubt.
Can I give you a perfect example? The novelty is that safek berachot lehakeil means you do not make the blessing even if you have a double doubt in favor of making it. Whereas for an ordinary rabbinic doubt, if I have two doubts in favor of doing it, we do it, because you have two doubts. One rabbinic doubt, leniently; two rabbinic doubts, stringently. But for blessings, even if you have a double doubt in favor of making it, do not make it. Why? Is it because it is rabbinic? Because it is a blessing. Blessings are different from an ordinary rabbinic ruling.
Here is a perfect example so you understand. How much do you have to eat to make a berachah acharonah (after-blessing)? A kezayit (olive-sized measure). There is a dispute about the shi’ur (measure) of a kezayit: is it 20 grams or 30 grams? There is a dispute. We hold 30 grams, but you cannot deny that there is a dispute; some say 20 grams. There is a dispute between the Rambam and the position of Rashi. Rashi says… Okay.
Now another question: What is the halachah if someone eats one grape? Does he make a berachah acharonah or not? No. But the Yerushalmi says yes. Why? Because it is a beriah (whole entity), because you ate a whole one. We do not rule like that Yerushalmi. Now are you ready for what happens? Let’s say the man ate 20 grams of grapes. I have a double doubt in favor of making a berachah acharonah: perhaps the halachah follows the opinion that says 20 grams; and even if you say the halachah follows the opinion that says 30 grams, perhaps it is a beriah. So I have two reasons telling me to make a blessing. What is the halachah? No blessing. Even when there is a double doubt, be lenient. That is the novelty of safek berachot lehakeil.
But here the rabbi is breaking his rule. He is telling me that I can make a blessing on the night of Kippur during twilight, based on a double doubt. Look at the next paragraph. “Alternatively, Maran Chacham Ovadia Yosef cited Harav David ben Zimra, that regarding the blessing over a mitzvah, the principle of safek berachot lehakeil does not apply.” Aha! When do we say safek berachot lehakeil? With food. But some say that for a blessing over a mitzvah, perhaps that rule does not apply.
In response, Maran Chacham Ovadia ruled that whenever Maran ruled that a blessing should be recited over a mitzvah, the principle can be applied in practice. In this case, since Maran followed the opinion of Rabbeinu Tam regarding sunset—here is the permission, because Maran really follows Rabbeinu Tam—when is sunset according to Maran? According to Rabbeinu Tam. So really, according to Maran, it is still daytime! You have another reason: Maran holds that it is day, even though we call it twilight. Add that to it. That is a big novelty here, what Chacham Ovadia is saying. Look at this: Chacham David arguing with his father.
Look at the last paragraph: The Halachah Berurah ruled that one must not recite the blessing during bein hashemashot, even though there is a double doubt to justify it. This is because a person has the choice not to wear the tallit at all; it is not an obligation. Therefore, it is best to avoid the issue. Of course, this contradicts the ruling of Yabi’a Omer, but these volumes were composed after the publication of the Halachah Berurah. Nevertheless, it is true that Maran, in his responsa, also had some reservations about this.
So Chacham Ovadia was lenient, but Chacham David clearly said it is forbidden. He argued with his father. But perhaps he says that his book came out after the Halachah Berurah, so he did not know what his father had said. Bottom line: if somebody came and asked me, I would tell him, “During twilight, do not make the blessing.” No, it is a big controversy here. Chacham Ovadia is trying to find a way. The man comes into shul and says, “Please, Rabbi, I want to make the blessing.” “Okay.” The man is a crybaby. But if he is not a crybaby, be a man! Be a man; you missed it. Next year, it is Kippur; you will come early.
But if the man says, “Come on, I turned over a new leaf. I’m going to be a good person. I give money to the shul; I buy Kol Nidrei; I give money to the shul. What am I making this for?” We had a man on the Pesach trip who told me one year, “Rabbi, this is my year for sefirat ha’omer (counting of the Omer). This is my year. I’m going to go 49 days without missing.” I asked him, “Have you ever done it yet?” He said, “Never. Usually I’m out by the second week. This year, I’m going to call you on the last night and say, ‘Chacham, mabruk, Rabbi Chananya.’” I told him, “Okay, make a siyum.”
The first night: “Hayom yom echad la’omer” (Today is the first day of the Omer). Beautiful. He is in; we are in. The next day, I see him on Chol Hamo’ed (intermediate festival days), the first day of Chol Hamo’ed. It is already after sunset, and he comes in white like a ghost. He says, “Rabbi, what is the law? I forgot to count last night.” Today we already prayed Arvit; it is over. I tell him, “So you’re out.” He says, “How can I be out? It’s day two.” I say, “I knew it. You didn’t even get through the week. During Pesach, he was too busy playing tennis; he got sunstroke and forgot the counting of the Omer.”
Now the man says, “There has to be a way. There has to be…” He’s an am ha’aretz (unlearned person). “There has to be a way to get me in.” I said, “There is no way. You’re out. You can count without a blessing, but no blessing.” The man went crazy. “There’s no way?” I said, “Listen, there is only one way, but it’s not for guys like you.” “No, no, I’m in!” “Write me a personal check for $10,000, Rabbi Eli J, because I have a cousin, J Mansour. Give it to me now and you’re in.” The man says, “I’m in.” He takes out the check. I thought he was going to say I was trying to get him to pay me off, but the man was so tamim (innocent): “I’m in for $10,000.” I told him, “Sorry, sorry, sorry. I’ll take the check anyway, but you’re out.” “No, I’m not giving it to you leshem Shamayim (for the sake of Heaven).”
Anyway, that is the halachah. Practically, Chacham Ovadia was giving a leniency, even though, as I told you, we normally do not apply a double doubt that way. He is trying to say, “Perhaps this is acceptable because Maran really follows Rabbeinu Tam, so it is really not night, and perhaps it is a mitzvah.” He is trying to find a way out, but he does not usually do this. In other matters, Chacham Ovadia is very strict. Safek berachot lehakeil, period. Here he started to maneuver.
Let’s say the man had a watch that was wrong, or something, and he made the blessing. Now, their watch is wrong. People make mistakes; what are you going to do? Bedi'avad (after the fact), does he yotzeh (fulfill the obligation)? He made a mistake. He is an anus (one acting under compulsion); he is not at fault. You are not going to bother a man who is not at fault. Right, that is what I’m saying. Can he rely on that when…? Yes, but fix his clock now. Fix his watch for next time. The first time, no problem. And write a check for $10,000.
Yes. Maybe, what if a person has cotton tzitzit and wears it only at night? No, cotton tzitzit is rabbinic. It is rabbinic because it is comfortable. Now, it is not really rabbinic according to everybody. Oh, he only wears that? Yes, yes, it is a garment designated for nighttime wear. Is it a garment designated for nighttime wear? You can make it one? He made it a garment designated for nighttime wear. To him, it is a garment designated for nighttime wear. “I want to fulfill the obligation, so I said, ‘I’m going to wear it today during the day.’” Yes, that is the best thing. A garment worn day and night is obligated.
I’ll tell you one ma’aseh what happened last night…